On February 2, 2023, the Supreme Court of Canada (“SCC”/“Court”) granted leave for an appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Brown [2022] CMAC 2. The case concerns a seldom traversed area of appellate jurisprudence at the SCC, touching on the appropriate relationship between the military […]
The Supreme Court of Canada (“SCC”) granted leave to John Aquino, 2304299 Ontario Inc., Marco Caruso, Giuseppe Anastasio a.k.a. Joe Ana and Lucia Coccia a.k.a. Lucia Canderle (“John Aquino et al.”) on January 19th, 2023 to appeal an Ontario Court of Appeal (“ONCA”) decision, Ernst & Young Inc v Aquino, 2022 ONCA 202, from March […]
Editor’s Note: The author’s analysis of Renvoi à la Cour d'appel du Québec relatif à la Loi concernant les enfants, les jeunes et les familles des Premières Nations, des Inuits et des Métis, 2022 QCCA 185 [QCCA Reference] is based on an unofficial English translation of the opinion of the Quebec Court of Appeal (“QCCA” […]
There have been a number of landmark cases where the Supreme Court of Canada ("SCC") considered and provided guidance on "the limits on informational privacy in the digital age" (Bykovets, para 1). In particular, in R v Spencer, 2014 SCC 43 [Spencer], the SCC established that police must obtain judicial authorization through a search warrant […]
In 2021, the Northwest Territories Court of Appeal (“NWTCA”) assessed two applications for judicial review for access to s. 23 minority language schools by families that were not prima facie entitled to s. 23 rights. On April 14, 2022, the Supreme Court of Canada (“SCC”) granted the application for leave to appeal for A.B. v […]
There is a presumption of equal distribution of family property upon divorce under the Saskatchewan Family Property Act, SS 1997, c F-6.3 [FPA]. However, parties can contract out of this presumption by executing an agreement which outlines terms for dividing their family property. While parties can ensure the enforceability of their agreement by preparing a […]
Despite the uncertainties brought on by 2022, the Supreme Court of Canada (“SCC” or “the Court”) concluded another noteworthy year. The Court began to slowly welcome back members of the public on a limited in-person basis after two long years of virtual hearings. Additionally, notwithstanding global disruptions like the war in Ukraine or the internal […]
The Supreme Court of Canada (“SCC”) has granted leave [40223] for the Canadian Broadcasting Corporation (“CBC”) et al to appeal R v Coban, 2022 BCSC 880 [Coban].
On October 31st 2022, the Ontario Government led by Premier Doug Ford invoked s. 33 of the Canadian Charter of Rights and Freedoms (“Charter”) to shield its ‘back to work’ legislation from judicial scrutiny. The legislation, known as the Keeping Students in School Act, 2022, would have terminated any on-going strike by the Canadian Union […]
Content Warning: This article includes details about an allegation of sexual assault that may evoke strong emotions. In R v Kruk, 2022 BCCA 18 [Kruk], the British Columbia Court of Appeal ("BCCA") noted that "[relying] on … life experience to assess the credibility of witnesses is a daily and appropriate exercise for trial judges" (Kruk, […]